Transcript Drug and Alcohol Free Workplace Program

Drug and Alcohol Free Workplace
Program
Written Program
And
Substance Abuse Policy
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Introduction to the Drug and Alcohol
Free Workplace Program
 XXX is committed to promoting a safe work environment,
high standards of health and safety, and to protect the public
by ensuring a drug-free workplace.
 Drug abuse is an illness that creates serious problems for
employees, their families, the workplace, and the
community.
 It has no boundaries of age, race, or social status.
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Purpose of the Drug and Alcohol Free
Workplace Program
 WHY –
 Drug and alcohol abuse is a national problem that affects
everyone.
 USA consumes 60% of all illegal drugs.
 Alcoholism is an even bigger problem.
 Workplace accidents and workplace fatalities –
 40% to 47% involve drug and/or alcohol.
 More than 90% of alcoholics and 74% of drug addicts are
employed.
 Thru this program, the company acknowledges the problem of
substance abuse (including alcohol) in our society, and that
substance abuse poses a serious threat to all aspects of the
company.
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Purpose of the Drug and Alcohol Free
Workplace Program
 Ultimate goal of the program –
 The program is to establish and maintain a safer
workplace and continue to promote high
standards of health and safety in our
community and workplace;
 Educate the employee;
 Hold accountability of employees through
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appropriate discipline, up to and including
termination.
Organization and Scope of the Drug
Free Workplace Program
 Document –
 Details the Company’s Drug-Free Workplace Program;
 Everyone is expected to read and understand the material;
 Policy applies to every employee;
 Six Key Parts of the Policy –
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6.
A written policy that clearly spells out the program, why there was
a need to develop it, and the benefits of such program;
Substance awareness education for all employees;
Training for supervisors to help them understand the program and
their responsibilities, including the area of testing and making
referrals for assistance;
Drug and alcohol testing;
Referral for assistance for those who come forward voluntarily to
share a substance abuse problem or who test positive for drugs
and/or alcohol; and
Ten-step business plan.
Statement of Substance Abuse Policy
 Prohibited Behaviors –
 Use of illegal drugs or hemp products in any form;
 Misuse of legal drugs (i.e.using a drug prescribed for someone
else)
 Misuse of alcohol;
 Sale, purchase, transfer, manufacture, use of possession of any
illegal drugs, or prescription drugs obtained illegally;
 Storing any illegal drug, drug paraphernalia, or any controlled
substance whose use is unauthorized, or any container of
alcohol, in or on company property (including vehicles).
 Unopened containers of alcohol in a private vehicle parked on
company property shall not be a equal to a violation of the
policy.
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Statement of Substance Abuse Policy
 Prohibited Behaviors –
 The arrival to work or return to work under the influence of any
illegal drug or alcohol;
 The arrival to work or return to work with a level of drugs and/or
alcohol in the system at or exceeding the established minimums under
the policy;
 Failing to notify the employee’s supervisor, before beginning work,
that the employee is taking medications or drugs that may interfere
with the safe and effective performance of duties;
 Refusing to immediately submit to a drug or alcohol test where
required under this policy.
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Violations of this policy shall not be reported to law
enforcement officials UNLESS required by regulations, law,
or as a safety precaution. Exception – Criminal prosecution!
Drug Testing
 Testing is the key component to maintain a Drug-Free
Workplace;
 Form of Drug Testing –
 Urinalysis (Screening, and Gas Chromatography/Mass
Spectrometry (GS/MS), also referred to as confirmation).
 The following initial cutoff levels shall be used when
screening specimens to determine whether they are negative.
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Drug Testing
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Drug Class
Initial Cut-off Levels
DOT – Cut off Levels
Amphetamines
1000 (ng/ml)
1000
Barbiturates
300
Benzoylecgonine
(Cocaine Metabolite)
300
300
Cannabinoids (THC)
50
50
Opiates
2000
2000
Phencyclidine (PCP)
25
25
Benzodiazepines
300
Methadone
300
Propzyphene
300
All specimens identified as positive on the initial test shall be confirmed by confirmation using
Gas chromatography/mass spectrometry (GC/MS) at the cut-off levels listed on next slide.
Drug Testing
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Drug Class
Initial Cut-off Levels
DOT – Cut off Levels
Amphetamines
Amphetamine
Methamphetamine*
500
500
500
500
Barbiturates
200
Benzoylecgonine
(Cocaine Metabolite)
150
150
Cannabinoids (THC)
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Opiates
Morphine
Codeine
6-Acetypmorphine**
2000
2000
10
2000
2000
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Phencyclidine (PCP)
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25
Benzodiazepines
300
Methadone
300
Propoxzyphene
300
All specimens also contain amphetamine at a concentration greater than or equal to 300 ng/ml.
If morphine level is greater than or equal to 2000 ng/ml, a test for 6-AM, a heroin specific metabolite,
Will be run with a 10 ng/ml confirmation level.
Alcohol Testing
 Breath alcohol testing will be performed by a certified equipment
and trained breath alcohol technicians.
 Confirmed breath alcohol concentrations to or exceeding
.040/21OL will be considered a verified positive test!
 Accident involved –
 Employee has a “Whole Blood” alcohol drawn at a medical treatment
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facility;
A result equal to or greater than .040% shall be considered to be
a verified positive result.
An evidentiary breath test (EBT) that provides a printout shall be
used to confirm all initial positive breath alcohol test results.
Individuals are prohibited from performing safety sensitive functions
with an alcohol concentration above the above-identified
concentration.
In any case, an individual with a breath alcohol result greater than or
equal to .020g/21OL will be subject to disciplinary action up to and
including termination.
Types of Drug and Alcohol Tests
 Individuals or employees will be tested for the presence of
drugs in the urine and/or alcohol on the breath or in the
blood under any and/or all of the conditions below.
 An employee’s failure to provide a suitable urine specimen or
to submit to a breath or blood alcohol test shall be
considered a violation of this policy.
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Pre-Employment/New Hire Testing
(Drug Test Only)
 All new employees will be required to undergo a post-offer,
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pre-employment drug test;
Policy must be made available for review;
Offer an opportunity for the applicant to ask questions
concerning the policy;
Testing must be undertaken as soon after notification as
possible, but no later than 48 hours after the offer of
employment was extended;
The company will not employee any person who refuses to
take or fails the drug test, and such person shall not be
permitted to re-apply for a minimum of one (1) year.
Reasonable Suspicion Testing – (Drug
and/or Alcohol Test)
 Reasonable Suspicion Testing –
 When company management and/or supervisor has reasonable
suspicion through direct observation that an employee of the
company may be under the influence of an unacceptable substance;
 Must be documented in writing within 24 hours of the event or prior
to the release of the test results;
 Based upon –
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2.
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Observable phenomena (direct observation);
Pattern of abnormal conduct or erratic behavior;
Conviction for a drug-related offense;
 Employee’s duty to notify company within 5 working days of conviction.
4.
5.
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Information provided by a reliable and credible law enforcement
source;
Newly discovered evidence that the employee tampered with a
previous drug or alcohol test.
Reasonable Suspicion Testing – (Drug
and/or Alcohol Test)
 1st Priority –
 Remove employee from the work environment;
 Taken to a private area;
 Possible request of a search with or without the employee’s consent on
the company property;
 Employee’s failure to comply with the request shall be considered a
violation of the policy!
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Post-Accident Testing (Drug and
Alcohol Test)
 Post-accident testing may be conducted whenever an accident
occurs during working hours or which involves company supplied
motor vehicles while on company business;
 Will result in any of the following –
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A fatality of anyone involved in the accident;
Bodily injury requiring off-site medical attention away from the
company’s place of employment;
Vehicular damage in apparent excess of $1,000; or
Non-vehicular damage in apparent excess of $1,000.
Total elapsed time for collection shall not exceed 32 hours
from the time of the incident.
Breath alcohol testing within 2 hours of the incident, whenever
possible, but within 8 hours, or not performed.
Company has the right to request appropriate specimens
(breath, blood, and/or urine).
Random Testing (Drug and/or Alcohol
Test)
 Random drug testing will include –
All employees;
All contract workers;
Done on an unannounced basis.
• Medical provider uses computer software for random
selections;
• Once notified of these tests, it is the responsibility for
obtaining the test, as directed by the company;
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Follow-up Testing after Return to Work
(Drug and/or Alcohol Test)
 Unannounced testing for an employee who previously tested
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positive and is preparing to return to work;
Return-to-duty tests are required before the employee is
allowed to return;
Minimum of six (6) more conducted through-out the year;
May be extended up to sixty (60) months;
2nd positive test result, at any time, shall result in
termination.
Return to Duty Testing (Drug Test Only)
 Any employee that has left the employment of the company,
for any reason, for a period greater than thirty (30) days shall
be subject to the pre-employment/new hire testing
previsions of this policy.
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Process for obtaining a drug and/or
alcohol test
 Unless otherwise directed –
 Individuals to be tested shall report to the designated medical provider, or be
advised to the location, date and time on-site testing will take place.
 Employee finds own transportation;
 Failure to appear for test when scheduled –Violation of this Policy.
 Reasonable suspicion or post-accident drug and/or alcohol test –
 Transportation to and from shall be provided;
 Company may offer to transport home, when necessary;
 Not to return back to work unless and until negative results are received;
 Will not be compensated while away from the job;
 If found negative –
 Company shall pay the normal wages of the employee for scheduled work hours
missed.
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Designated Medical Provider and How
Specimens are Collected
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Designated Medical Provider –
 Selects a laboratory;
 Selects a medical review officer (MRO)
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Specimens Collected –
 Trained collection personnel;
 Meets quality assurance and chain-of-custody requirements;
 For urine collection procedures;
 Breath alcohol testing;
 Strict confidentiality as required by DHHS- certified laboratories.
 Individual being tested shall be permitted privacy, but strict scrutiny by collection personnel so as to
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avoid any adulteration or substitution of the specimen to be provided.
One individual tested at a time;
Must show picture ID to the site collection personnel;
If positive, keep for one year or pending litigation concludes;
Employee may wash hands and must remove hat, coat, or other outer clothing before providing
sample;
Collection personnel may ask to empty your pockets;
Insufficient amount of urine provided –
Required to drink fluids, up to, but not more than 40 fluid ounces and remain in the testing area to provide the
2nd specimen.
 After a period of 3 hours if donor is still unable to provide an adequate specimen, testing shall be discontinued,
and the company notified of the shy bladder situation.
 Employee sent to be medically evaluated to see if problem is genuine or constitutes a refusal.
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Medical Review of Drug Test Results
and Employee’s Right After a Positive
 Independent Medical Review Officer –
 Medical doctor or doctor of osteopathic medicine with a specialized knowledge of
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substance abuse orders;
Give an opportunity to explain the findings to a MRO prior to the issuance of a
report of a positive test result to the company;
MRO – Attempt to contact, the person of a positive testing by telephone.
MRO – Give an opportunity to overturn the result with a legitimate verifiable
medical explanation;
Employee must contact the MRO within 24 hours of having been instructed to do so,
due to a positive test, to prevent a positive test result sent to the company;
If the employee can not be reached after reasonable effort exerted within a period
not to exceed 48 hours, the MRO will issue a positive report to the company;
If that occurs, the employee forfeits the right to challenge the findings;
Once the MRO contacts the employee or attempts to contact the employee of a
positive drug test result, the employee has 72 hours from the time of the notification
to request a retest of the split specimen, or in the case of a single specimen collection,
a retest of the remaining urine.
If this is done, then the cost is on the employee;
Reporting Drug and Alcohol Test
Results
 All drug test results will be reported from the laboratory to
the MRO prior to the results being issued to the company.
 Company will only a verified result report with the
employee’s name and passed or failed the drug test.
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Consequences of Positive Test Results
 Positive Drug and/or Alcohol Test –
 Immediately suspended without pay or compensation;
 Employer decides on disciplinary action;
 Range up to an Employee Assistance Program up to and including
termination;
 Based upon, among other things, length of service, quality of work and any
other factors in the sole discretion of Company.
 If referred to EAP program –
 Suspension remains in effect unit a negative re-test and has completed a
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medically recognized rehab program;
Program must be started with 10 days;
Completed within 45 days of positive testing;
Opportunity to re-qualify for work after a 1st positive test result shall be
referred to as the 2nd chance or last chance program.
Sole discretion of the Company to offer this.
Voluntary Admission of Substance Abuse
 All employees will be held accountable;
 If you come forward, your abuse problem will receive
company guidance;
 Voluntary admission of substance abuse is treated as a verified
positive result;
 Violation of this policy by the employee, at any time and in
any manner, shall be treated as an employee testing positive
more than one time.
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Rehabilitation
 The company health plan, if one exists, may include coverage
for certain drug and alcohol services;
 Company may grant un-paid leave of absence;
 If allowed to attend a rehab program –
 Company retains the right to perform “no notice” drug or
alcohol tests at its will after the employee’s return to work;
 Any refusal by employee to undergo tests, constitutes a
violation of this policy.
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Other Parts of Policy
(That you need to read and understand)
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Employee Assistance Program;
Employee Awareness Education and Supervisor Training;
Employee Awareness Education;
Supervisory Employee Training;
Consequences for Violation of this Policy (other than positive tests);
Confidentiality and Maint. of Test Results;
Other Provisions –
 Compliance with Ohio Bureau of Workers’ Compensation Drug Free
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Workplace;
Compliance with Local, State, and Federal Law;
Ohio Bureau of Workers’ Compensation 10-step Business Plan;
Drug-free Workplace Program and Minors’
Securing Information from Previous Company (CDL Employees Only)
Definitions
Written Program and Policy
 This presentation does not include all the contents and
instructions for the Drug and Alcohol Free Workplace
Program.
 You are required to receive a copy and read the policy on
your own, (Please get one before you leave this class);
 You are required to sign that you received a copy of the
policy.
ANY QUESTIONS THAT YOU MAY HAVE CAN BE
ANSWERED BY THE HR DEPT. AT THIS OPERATION.
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